Karnataka: The Karnataka High Court has reserved its verdict on a petition challenging the constitutional validity of the Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 2025.
In India, ancestral land holds immense cultural and legal significance. Passed down through generations, it serves as a testament to a family’s heritage, traditions, and emotional ties. However, the question of whether ancestral property can be sold without the consent of heirs is a complex legal issue that requires careful examination under the relevant laws and judicial precedents
The transfer of property to legal heirs is usually done based on a person’s testament or will. However, if someone dies without leaving a will, known as dying intestate, the property is divided among the beneficiaries according to the provisions of the Hindu Succession Act, 1956. Prior to 2005, women were not given rights of succession as a coparcener, however, after 2005 , an amendment was brought in which gave an exclusive right to the daughter as a coparcener and also equal rights as that of a son
The Kerala High Court has allowed the state government to acquire land for a model township to rehabilitate Wayanad landslide victims, dismissing petitions from Harrisons Malayalam Ltd and Elstone Tea Estates Ltd. The court mandated compensation for the land acquired and required adherence to legal compensation guidelines despite the petitioners’ objections.
On December 24, 2024, the Delhi High Court ruled in the case of Birbal Saini v. Satywati, clarifying property rights under Hindu law. The court distinguished between ancestral and inherited property, determining that the disputed property was inherited by Bharat Singh and thus self-acquired, allowing its sale without heirs’ consent.
Justice Sudhanshu Dhulia, born on August 10, 1960, has had a distinguished legal career spanning over three decades. He was appointed to the Supreme Court of India on May 9, 2022, after serving as Chief Justice of the Gauhati High Court and has authored 81 judgments, contributing to legal excellence and public service. He will retire on August 9, 2025.
Today, On 13th November, the Supreme Court mandated strict guidelines against arbitrary demolitions linked to accused individuals, emphasizing accountability. Demolitions require prior notice, a 15-day appeal period, and must be documented. Officials failing to comply may face contempt charges and must restore demolished properties at their expense. These directives apply nationwide.
Today, On 6th November, the Supreme Court criticized Uttar Pradesh for unlawfully demolishing a house in 2019, ordering Rs 25 lakh in compensation to the homeowner. The court emphasized the need for lawful procedures in property demolition and directed an investigation into the involved officials, reinforcing citizens’ rights against arbitrary state actions.
The Supreme Court criticized the handling of a woman’s long legal battle over multiple divorce decrees in Karnataka, emphasizing the challenges women face in matrimonial disputes. The court upheld the divorce decree but enhanced the alimony and issued orders to protect the woman and her son’s property rights.
Today, On 15th May, The Supreme Court set guidelines for government land acquisitions to ensure fairness and transparency. The ruling emphasizes procedures to respect property rights. The decision affects land acquisition practices nationwide. In a specific case, the Kolkata Municipal Corporation’s land acquisition was deemed illegal, highlighting the significance of adhering to the established principles.